HOUSE CONCURRENT RESOLUTION NO. 60

(By Delegates Schoen, Armstead, Tansill, Canterbury, Anderson, Andes, Ashley, Azinger, Beach, Blair, Boggs, Border, Carmichael, Cowles, Craig, Crosier, DeLong, Doyle, Duke, Eldridge, Ellem, Ellis, Evans, Fleischauer, Frederick, Gall, Guthrie, Hamilton, Hartman, Hatfield, Higgins, Hrutkay, Hutchins, Ireland, Kessler, Kominar, Lane, Long, Manchin, Marshall, Michael, C. Miller, J. Miller, Moore, Morgan, Moye, Overington, Palumbo, Paxton, Pethtel, Pino, M. Polling, Porter, Proudfoot, Reynolds, Rodighiero, Romine, Rowan, Schadler, Shaver, Shook, Sobonya, Staggers, Stalnaker, Stephens, Sumner, Talbott, Walters, Webster, Wells, White and Yost)



Requesting the Joint Committee on Government and Finance to determine whether any federal grants exist to fund the training and cross-designation of State Police Officers and county law-enforcement officials to enforce immigration law; ascertain the feasibility of utilizing the training offered by the Department of Homeland Security and other federal agencies; and determine the feasability of incorporating U.S. Immigration and Customs Enforcement training into the curriculum conducted at the West Virginia State Police Academy.

Whereas, There exists a need to eliminate security threats along West Virginia's border, and to improve economic, transportation and infrastructure security; and
Whereas, It is important to coordinate with Federal Agencies to ensure that illegal aliens are identified and prosecuted; and
Whereas, It is vital that State Police officers and county law enforcement officials have an understanding of the resources and expertise needed to transport, manage and process aliens when located within the boundaries of West Virginia; and
Whereas, It is necessary to enhance the ability of State Police officers and county law-enforcement officials to enforce federal immigration law; and
Whereas, In response to the widespread interest from local law enforcement agencies who have requested Immigration Customs Enforcement assistance through the 287(g) program, Immigration and Customs Enforcement has developed the Immigration Customs Enforcement Access program (ICE ACCESS) to cross-designate local officers to enforce immigration law as authorized through section 287(g) of the Immigration and Nationality Act; and
Whereas, Agents and officers of Immigration and Customs Enforcement will meet with agencies requesting (ICE ACCESS) assistance to assess local needs and to draft appropriate plans of action; and, based upon these assessments, Immigration Control Enforcement and local agencies will determine which type of partnership is most beneficial and sustainable before entering into an official agreement;
and
Whereas, Title 19 of the United States Code 1401 (I) allows for federal, state, local and foreign law-enforcement officers who participate primarily on U.S. Immigration and Customs Enforcement task force operations to be cross designated as "Customs Officers" and be granted the authority to enforce U.S. customs law; and
Whereas, More than 60 municipal, county, and state agencies nationwide have requested 287(g) Memorandums of Agreement with Immigration Customs Enforcement and more than 400 local and state officers have been trained under the program; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance explore the availability of federal grants to fund the training and cross-designation of State Police Officers and county law-enforcement officials to enforce immigration law; ascertain the feasibility of utilizing the training offered by the Department of Homeland Security and other federal agencies; and, determine the feasability of incorporating U.S. Immigration and Customs Enforcement training into the curriculum conducted at the West Virginia State Police Academy; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Legislature on or before the first day of October, 2008, and thereafter as may be required, as to the progress of its study.